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Human Cloning Prohibition Act of 2007 (Introduced in House)
HR 2560 IH
June 5, 2007
Ms. DEGETTE (for herself, Mr. MURPHY of Connecticut, Mr. LANGEVIN, Mr. SPACE, Mrs. BOYDA of Kansas, and Mr. CARNAHAN) introduced the following bill; which was referred to the Committee on Energy and Commerce
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the `Human Cloning Prohibition Act of 2007'.
SEC. 2. PROHIBITION AGAINST HUMAN CLONING.
- (a) In General- The Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.) is amended by adding at the end the following:
`CHAPTER X--HUMAN CLONING
`PROHIBITION AGAINST HUMAN CLONING
- `Sec. 1001. (a) In General- It shall be unlawful for any person--
- `(1) to perform or attempt to perform human cloning; or
- `(2) to ship, mail, transport, or receive the product
of human somatic cell nuclear transfer technology knowing that such
product is for the purpose of human cloning.
- `(b) Definitions- For purposes of this section:
- `(1) The term `human cloning' means the implantation of
the product of human somatic cell nuclear transfer technology into a
uterus or the functional equivalent of a uterus.
- `(2) The term `human somatic cell nuclear transfer
technology' means transferring the nuclear material of a human somatic
cell into an egg cell from which the nuclear material has been removed
or rendered inert.
- `(3) The term `person' includes a governmental entity.'.
- (b) Prohibited Acts-
- (1) IN GENERAL- Section 301 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
- `(jj) The violation of section 1001(a).'.
- (2) CRIMINAL PENALTY- Section 303(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding at
the end the following:
- `(7) Notwithstanding subsection (a), any person who
violates section 301(jj) shall be imprisoned not more than 10 years or
fined in accordance with title 18, United States Code, or both.'.
- (3) CIVIL PENALTIES- Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended--
- (A) by redesignating subsection (g) as subsection (f); and
- (B) by adding at the end the following:
- `(g)(1) Any person who violates section 301(jj) shall be
liable to the United States for a civil penalty in an amount not to
exceed the greater of--
- `(A) $10,000,000; or
- `(B) an amount equal to the amount of any gross pecuniary gain derived from such violation multiplied by 2.
- `(2) Paragraphs (3) through (5) of subsection (f) apply
with respect to a civil penalty under this subsection to the same
extent and in the same manner as such paragraphs (3) through (5) apply
with respect to a civil penalty under subsection (f).'.
- (4) FORFEITURE- Section 303 of the Federal Food, Drug,
and Cosmetic Act, as amended by paragraph (3), is amended by adding at
the end the following:
- `(h) Any property, real or personal, derived from or used
to commit a violation of section 301(jj), or any property traceable to
such property, shall be subject to forfeiture to the United States.'.
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